What You Should Know About Non-Parent Visitation in Illinois

 Posted on December 14, 2025 in Child Custody

After your divorce is finalized, you and your family will begin new journeys with a different way of life. When you and your ex-spouse share children, arrangements for parenting time and parental responsibilities must be made.

These new arrangements create routines and lifestyles that may feel unfamiliar at first. While adjusting takes time, these changes often lead to happier and healthier homes for you and your children.

Your family situation may involve other important people besides yourself, your ex, and your kids. Grandparents, stepparents, siblings, and close family friends often play significant roles in children's lives. Understanding who can have visitation rights and how these arrangements work is often an important part of life after divorce or separation. Our Kane County child custody lawyers can explain more.

What Does Illinois Law Say About Visitation by Grandparents and Other Non-Parents?

Illinois law recognizes that certain non-parents may have meaningful relationships with children. Under Section 602.9 of the Illinois Marriage and Dissolution of Marriage Act, specific people can ask the court for visitation rights.

The law is designed to balance two important considerations: a parent's fundamental right to make decisions about their child's upbringing and the child's best interests in maintaining healthy relationships with other caring adults.

Who Can Petition for Visitation if You Aren’t a Parent?

Not just anyone can file for visitation. Only certain family members and close relationships qualify. The following people may petition for visitation under Illinois law:

• Grandparents and great-grandparents

• Stepparents (including those in civil unions)

• Siblings of the child

The child must be at least one year old before a non-parent can petition for visitation. This requirement ensures the child has had time to develop relationships and allows the court to better assess the child's best interests.

When Can Non-Parents Request Visitation in Illinois?

Non-parents cannot simply request visitation at any time because the law assumes that parents make decisions in the best interests of the child. If a parent says no to visitation, then no visitation is usually the final word.

Illinois law sets specific circumstances under which a visitation petition can be filed by someone who isn’t a child’s parent. At least one of these situations must exist:

• One parent is deceased or has been missing for at least 90 days

• One of the parents is incarcerated or has been declared incompetent

• The parents are divorced or legally separated, and at least one parent does not object to the visitation

• The child was born to unmarried parents who are not living together, and paternity has been established

The Unreasonable Denial Requirement for Non-Parental Visitation in Illinois

Even if the circumstances above are met, the person seeking visitation must prove that a parent has unreasonably denied them access to the child. Additionally, they must show that this denial has caused or would cause harm to the child's mental, physical, or emotional health.

Illinois law presumes that a fit parent's decisions about visitation are in the child's best interests. This means the burden of proof is on the person requesting visitation to overcome this presumption.

What Types of Visitation Can Be Granted to Non-Parents in Illinois?

Illinois courts have flexibility in determining what type of visitation arrangement serves the child's best interests.

In-Person Visitation

Courts may grant reasonable access for in-person visits. However, the court can structure visitation without including overnight stays or custodial time. This allows grandparents and other non-parents to maintain relationships with a child while still respecting a parent’s authority.

Electronic Communication

Modern technology has expanded how families stay connected. Illinois law recognizes electronic communication as a valid form of visitation. This can include phone conversations, email, video chat, texting, and other electronic technology.

Factors the Court Considers When Deciding About Non-Parent Visitation

When deciding whether to grant non-parent visitation, Illinois courts examine several important factors. These help the judge determine what arrangement truly serves the child's best interests.

The Child's Wishes

The court considers what the child wants, taking into account the child's maturity and ability to express reasoned, independent preferences. Older children who can clearly communicate their feelings may have more influence on the decision.

The Child's Health and Well-Being

The physical and mental health of the child is a primary concern. The court examines whether visitation would benefit or harm the child's overall well-being.

Existing Relationships

Many extended family members, especially grandparents, play a very important role in raising their grandchildren. In fact, the American Society for the Positive Care of Children estimates that about six and a half million children in the U.S. are living with one of their grandparents.

When parents get divorced or family dynamics change, a child who has a strong relationship with a grandparent may suddenly no longer live with that grandparent or be allowed to see them. For situations like this, courts think carefully about the quality and nature of the relationship between the child and the person seeking visitation. The court looks at:

• Whether the child lived with the petitioner for at least six consecutive months

• Whether the child had frequent and regular contact with the petitioner for at least 12 consecutive months

• Whether the petitioner was a primary caretaker for at least six consecutive months within the past two years

Good Faith of the Petitioner

The court evaluates whether the person seeking visitation is acting in good faith. Petitions filed for harassment, spite, or other improper purposes will be viewed unfavorably.

Minimizing Conflict

Courts look at whether visitation can be structured in a way that reduces the child's exposure to conflict between adults. Protecting children from parental disputes is a key priority.

Get Helpful Guidance from a St. Charles, IL Child Custody Lawyer

Every family situation is unique. The factors the court considers depend heavily on the specific circumstances of your case. If you have questions about non-parent visitation rights or need help with a petition, experienced legal guidance can make a significant difference.

Contact a Kane County family law attorney to discuss your situation and learn about your options. Our attorneys have handled many non-parent visitation cases in Kane County courts and are ready to help. Call 630-584-4800 for a free consultation with Goostree Law Group today.